sauce for the goose

From this NYT story on the dangers of talking/texting on your cellphone while driving:

Others cite more fundamental reasons to block any such legislation. “To me, the death of freedom is far worse than the risk of talking on the phone while driving,” said Carl Wimmer, a state representative in Salt Lake City who successfully fought a bill this year to ban talking while driving. “Why pick on cellphones?” he asked, noting that distraction comes in many forms. “You can’t legislate against stupidity.”

Wouldn't this be an argument against drunk-driving laws also? Especially since there’s evidence to suggest that talking on a cellphone while driving is as dangerous as driving drunk, while texting is even more dangerous?

Putting my question another way: is there an argument in favor of allowing phoning and texting while driving that wouldn't also be an argument for repealing DUI laws — assuming that the research noted above is accurate? Obviously, if phoning and texting are in fact less dangerous than driving drunk, my question doesn't apply. But if the research is right, then, to paraphrase Rep. Wimmer, why pick on drinking?